Recent legislation in New York established cannabis as a legal consumable product by adults, age 21 or older. Consequently, employers testing in New York are restricted from testing for marijuana in many circumstances. We encourage you to consult with qualified legal counsel to ensure compliance before making any changes to current workplace testing policy and practices.
The new legislation in New York prohibits an employer (state/local government or private employer) from testing for marijuana unless the employer does so based on any of the following:
- The employer:
- Is required to test due to state or federal requirement.
- Would be in violation of federal law if testing wasn’t conducted.
- Would lose a federal contract or federal funding if testing wasn’t conducted.
- The employee, while working, manifests specific articulable symptoms of impairment that can:
- Decrease or lessen the employee’s ability to perform work tasks/duties.
- Interfere with the employer’s obligation to provide a safe workplace as required by state and federal workplace safety laws.
The New York legislation also specifies:
- Employers in New York can:
- Prohibit possession of cannabis in the workplace.
- Prohibit cannabis use at work or during work hours, including if the employee leaves the workplace during work hours or is on call to work.
- Employers in New York cannot:
- Require employees to waive their right to use cannabis as a condition of hire or continued employment.
- Prohibit remote employees from using cannabis in their private residence (in New York State) outside of work hours.
- Refuse to hire, employ, license, discharge, or otherwise discriminate against someone due to their use of cannabis. This also applies if the individual uses cannabis prior to or after work hours and off the employer’s premises without the use of the employer’s equipment or other property.
- Use a positive marijuana test result as a basis for establishing employee impairment.
Additional guidance on the new legislation in New York can be found here.
If you have any questions, don’t hesitate to contact your Sterling Client Success Partner. Thank you for your continued trust in Sterling.
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.